The First National Bank and Trust Company of Rochelle
The following Service Agreements are included in and are a part of our
Online Banking Service Agreement and Disclosures:
First OnLine Internet Banking Agreement
- This agreement states the terms and conditions that apply when you use our Internet banking service, First OnLine. These terms and conditions are in addition to those that apply to any accounts you have with us or any other services you obtain from us. You must also follow all of our instructions and procedures applicable to the services covered by this agreement. You agree that continued use of First OnLine Internet Banking Service by logging into, viewing, or performing transactions implies full and complete acceptance of this agreement. “You” and “your” means each person who establishes a First OnLine Account with us or who uses or is authorized to use a First OnLine customer identification number and password or other means of access we establish or approve. A First OnLine Account may be individual or joint. “We”, “us”, and “our” means the First National Bank & Trust Company of Rochelle.
- The term “First OnLine” means our service that allows you to transfer funds, review transactions and perform other transactions over the Internet by use of a personal computer and modem and/or other means we authorize or allow. At your request, bill payment features may also be added to your First OnLine service.
- The term “Internet Bill Pay Account” means any qualifying checking account that you designate as an account you will use to pay bills on the internet. Your Internet Bill Pay Account(s) will be a part of your First OnLine account package.
- The term “merchant” means any business, company, individual, or other third party that we agree to establish as a payee for you, and includes us when you are making payments to us.
Customer Identification Number and Password
To access our First OnLine service, you must use your UserID and password. Keep your UserID and password confidential to prevent unauthorized use and loss to your accounts. Anyone to whom you give, or who otherwise obtains, your First OnLine UserID and password or other means of access will have full access to your accounts even if you attempt to limit that person’s authority.
Internet Bill Pay
To use the internet bill pay feature of your First OnLine Account, you must designate one or more qualified checking accounts with us as an “Internet Bill Pay Account”. You may not designate any account that requires more than one signature for withdrawals. You must be the owner of this account. If you would like bill payment features added to your First OnLine service, please contact one of our Personal Bankers. A review of your credit record with us and/or credit bureaus may be required.
In order to use the bill payment features of First OnLine, you must designate merchants that you want to pay. However, you are not permitted to designate any governmental agency or court unless we otherwise agree in writing. Also, we have the right to refuse to allow you to designate any particular merchant or class of merchants.
You will have to give us any account numbers or other identifying information that we or a merchant need so that your payments can be properly credited. If any account number or identifying information changes, or if you want to add merchants or other accounts with us, you must provide us with such changes.
You, or someone you have authorized by giving them your First OnLine Account UserID and password or other means of access (even if that person exceeds their authority), can instruct us to perform the following transactions:
- Make individual payments or preauthorized recurring payments from an Internet Bill Pay Account to merchants you have designated in accordance with this agreement;
- Transfer funds between your qualifying accounts to the extent authorized;
- Obtain information that we make available about your qualifying accounts including balance and transaction information; and
- Obtain other services or perform other transactions that we authorize.
Limits on Internet Transactions
You must have enough available money or credit in any account from which you instruct us to make a payment or transfer. For security reasons, we may, from time to time, implement limits on the number or amount of transactions you can make using our Internet Bill Pay service. If any of your qualifying accounts are money market deposit accounts or savings deposit accounts, certain types of withdrawals from those accounts, including payments and transfers, are limited to a total of no more than 6 in any monthly statement period. The kinds of withdrawals covered by this limitation are those made by means of preauthorized or automatic transfers and payments or telephone agreement, order or instruction. No withdrawals payable to third parties may be made from a savings account.
Charges for Electronic Transfers
There will be no charge for the basic features of First OnLine, including transfers between First National Bank of Rochelle accounts that may be set up for this service.
When Internet Bill Pay Payments and Transfers Are Made
Payments and transfers are not final at the time we receive your instructions, but we will begin to process them promptly. You should allow at least 6 business days for merchants to receive your payments. We will send them electronically, by mail, or by some other means.
Each payment or transfer will be posted to the accounts with us that are involved in the transaction. Transfers will be completed on the transfer date if completed before 6:00 pm. Transfers after 6:00 pm will be posted the following day. Bill payments will usually be charged to your internet bill payment account two business days after the transmit date. Each payment or transfer you initiate on a non-business day will be considered initiated on the following business day.
Information you obtain about your accounts using our First OnLine service may not reflect transactions that have not yet been posted to your accounts. You should keep that in mind when you perform or attempt to perform any transactions on the basis of such information.
Our Liability for Failure to Complete Payments or Transfers
If we do not complete a payment or transfer on time or in the correct amount, subject to all other terms of this agreement, we will be liable for your out-of-pocket losses. However, there are exceptions. We will NOT be liable, for instance:
- If, through no fault of ours, you do not have enough available money in the account from which a payment or transfer is to be made, or if the account has been closed or is not in good standing, or if we reverse a payment or transfer because of insufficient funds.
- If any payment or transfer would go over the credit limit of any account.
- If your equipment or ours was not working properly and that would have been apparent to a reasonably prudent person when you attempted to conduct the transaction.
- If you have not given us complete, correct, or current account numbers or other identifying information so that we or a merchant or other institution can properly credit your account or otherwise complete the transaction.
- If you do not properly follow our instructions or if you provide us with wrong or inaccurate information or fail to correct or tell us about any inaccuracy of which you are aware.
- If you receive notice from a merchant or other institution that any payment or transfer you have made remains unpaid or has not been completed, and you fail to notify us promptly of that fact.
- If the merchant was a payee that you are not permitted to designate as a merchant (see “Designating Merchants” above).
- If you do not instruct us soon enough for your payment or transfer to be received and credited by the time it is due.
- If a merchant or other institution (other than us) does not process your payment or transfer promptly or correctly.
- If the money in the account from which a payment or transfer is to be made is subject to legal process or other claim restricting the transaction.
- If circumstances or persons beyond our control prevent, delay, intercept, or alter the transaction, despite reasonable precautions that we have taken.
Our First OnLine service is generally available 24 hours a day, 7 days a week. However, our business days are Monday through Friday. Holidays are not included. Any regular system maintenance is generally done on Sunday morning between 1:00 am and 6:00 am. This may require the internet banking system be down for short periods of time.
Stopping or Changing Payments and Transfers
If you want to stop or change individual payments or transfers or preauthorized recurring payments or transfers you have instructed us to make, you must notify us before we have started processing the transaction. The normal way to do this is for you to access the appropriate function in our First OnLine service on the day before the business day the payment or transfer is scheduled to be made, and either delete it or make the change. You may also call us at 1-800-570-3425 or (815) 562-5571 or write to us at First National Bank of Rochelle, P.O. Box 49, Rochelle, Illinois, 61068. If you call or write, you must do this in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing on paper and get it to us within 14 days after you call.
If you order us to stop a preauthorized recurring payment or transfer as described above, and we do not do so, we will be liable for your losses or damages.
Your First OnLine payments and transfers will be shown on the monthly statements we provide or make accessible to you for your First OnLine Accounts. Your Internet Bill Payment account(s) will be included with these statements. We may also provide or make accessible to you statement information electronically or by some other means. You agree to notify us promptly if you change your address or if you believe there are any errors or unauthorized transactions on any statement, or statement information.
Notice of Incomplete Transactions
You agree to notify us promptly if you receive notice from a merchant or other institution that a payment or transfer you made through our Internet Bill Pay service has not been completed or remains unpaid.
Foreign Country Transactions
If you use our Internet Bill Pay service to perform a transaction in a foreign country, the transaction may be in a foreign currency. We will post the transaction in U.S. dollars based on the exchange rate in effect on the day we settle the transaction. The currency exchange rate may be different on that day than on the day you scheduled or performed the transaction or the day we processed the transaction. There may be special currency exchange charges. This may result in your account being posted for a greater or lesser amount than the original amount of the transaction.
DISCLOSURE OF INFORMATION TO OTHERS
We will disclose information to third parties about your Internet Bill Pay and other accounts and payments with us ONLY:
- Where it is necessary to complete transactions;
- In order to verify the existence and condition of these accounts for someone, such as a credit bureau or merchant;
- In order to comply with any legal process such as governmental agency or court orders;
- To protect or enforce our rights;
- If you give us your written permission (which may be by electronic or telecommunications transmission as well as on paper); or
- In response to a request from any bank or other company that is affiliated with us.
You are responsible for all transactions that you or any of you make or authorize, even if the person you authorize exceeds their authority. If you have given someone your First OnLine UserID and password or other means of access, you have then authorized that person to access your First OnLine accounts. If you want to terminate that person’s authority, you must notify us that transactions by such a person are no longer authorized. We may have to change your UserID and password or other means of access or take additional steps to prevent further access by such person.
If you believe your First OnLine customer UserID and password or other means of access have been lost or stolen, and you tell us within 2 business days after you learn of the loss or theft, you can lose no more than $50.00 if someone used them without your authorization.
If you do NOT tell us within 2 business days after you learn of the loss or theft of your First OnLine UserID and password or other means of access, and we can prove that we could have stopped someone from using them without your authority if you had told us, you could lose as much as $500.00.
Also, if your statement shows payments or transfers covered by this agreement that you did not make or authorize, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.
If a good reason (such as a long trip or hospital stay) kept you from telling us, we will extend the time periods.
If we complete a payment or transfer that you make or authorize and we subsequently learn that you have insufficient funds for the transaction, you agree that we may reverse the transaction or offset the shortage with funds from any account you have with us. In any case, you are fully obligated to us to provide sufficient funds for any payments or transfers you make or authorize.
UNAUTHORIZED TRANSACTIONS OR LOSS OR THEFT OF YOUR INTERNET BILL PAY CUSTOMER IDENTIFICATION NUMBER OR PASSWORD
If you believe your First OnLine UserID or password or other means of access has been lost or stolen or that someone has used them without your authorization, call us at (800) 570-3425 or (815) 562-5571 during regular business hours or write to us at First National Bank of Rochelle, P.O. Box 49, Rochelle, Illinois, 61068. Quickly telephoning us is the best way of reducing your possible losses. DO NOT use a general E-mail service or other electronic means of notifying us.
IN CASE OF ERRORS OR QUESTIONS ABOUT TRANSACTIONS COVERED BY THIS AGREEMENT
Call us at (800) 570-3425 or (815) 562-5571 as soon as you can, if you think your statement is wrong or if you need more information about a transfer or payment covered by this agreement which is listed on the statement. You may also write to us at The First National Bank of Rochelle, P.O. Box 49, Rochelle, Illinois, 61068. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
- Tell us your name and account number (if any).
Describe the error, payment or transfer you are unsure about, and explain as clearly as you can why you believe it is an error and why you need more information.
Tell us the dollar amount of the suspected error.
- If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
- We will tell you the results of our investigation within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will recredit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it in 10 business days, we may not re-credit your account.
If we decide that there was no error, we will send you a written explanation within 3 business days after we finish our investigation.
You may ask for copies of the documents that we used in our investigation.
Changing Terms and Terminating This Account
We have the right to terminate this agreement at any time. We will ordinarily send you notice of any termination, but we are not required to do so unless applicable law requires such notice. Once we terminate this agreement, no further transfers or payments will be made, including but not limited to any payments or transfers scheduled in advance or any preauthorized recurring payments or transfers.
We also have the right to make changes in this agreement at any time. We will comply with any notice requirements under applicable law for such changes. If applicable law does not specify any notice requirements for the change, we will decide what kind of notice (if any) we will give you and the method of providing any such notice.
You may also terminate this agreement at any time by notifying us in a signed paper writing. However any instructions from you to make payments or transfers will continue in effect until we have received such written notice of termination and have had a reasonable opportunity to act upon it. Once we have acted upon your notice, no further transfers or payments will be made, including but not limited to any payments or transfers scheduled in advance or any preauthorized recurring payments or transfers. Any such termination by you applies only to our First OnLine service and does not terminate any other accounts or services you may have with us.
The provisions of this “Joint Accounts” section apply if your First OnLine Accounts with us are joint accounts. Each of you is jointly and severally obligated under this agreement. Each of you acting alone may perform transactions, obtain information, stop or change payments or transfers, terminate this agreement or otherwise transact business, take actions or perform under this agreement. We are not required to obtain the consent of, or notify, any other of you. However, each of you will only be permitted to access accounts for which you are an owner or authorized user.
Each of you individually releases us from any liability and agrees not to make any claim or bring any action against us for honoring or allowing any actions or transactions where the person performing the action or transaction is one of you or is otherwise authorized to use your First OnLine Account. Each of you agrees to indemnify us and hold us harmless from and against any and all liability (including but not limited to reasonable attorney fees) arising from any such claims or actions.
Notices and Communications
Except as otherwise provided in this agreement, all notices required to be sent to you will be effective when we mail or deliver them to the last known address that we have for you in our records or when we make such notices available to you through our Internet banking services or at the last known e-mail address that we have for you in our records. Notice to one joint account owner or Internet Bill Pay customer will be effective for all of you. You agree that we may send or provide by electronic communication any notice, communication, or disclosure required to be provided orally or in writing to you.
Notices from you to us will be effective upon our receipt of such notices. You agree to provide prompt written paper confirmation of any verbal notice or communication which this agreement permits you to make to us. You may not give notice to us through electronic means.
Law that Applies
Regardless of where you live or work or where you access our First OnLine service, this agreement is subject to the laws of the State of Illinois and the laws of the United States of America. If any of the terms of this agreement cannot be legally enforced, they will be considered changed to the extent necessary to comply with applicable law.
ESIGN CONSENT TO USE ELECTRONIC RECORDS AND SIGNATURES
As part of your relationship with us, we want to ensure you have all of the information you need to effectively manage your accounts. Our goal is to provide you with as many options as possible for receiving your account documents. We are required by law to give you certain information “in writing” – which means you are entitled to receive it on paper. We may provide this information to you electronically, instead, with your prior consent. We also need your general consent to use electronic records and signatures in our relationship with you. So, before you use our Electronic Services you must review and consent to the terms outlined below.
In this consent:
- “We” “us, ” our”, “First National Bank of Rochelle”, “First National Bank” and “First National” means The First National Bank and Trust Company of Rochelle.
- “You” and “your” means the person giving this consent, and also each additional account owner, authorized signer, authorized representative, delegate, product owner and/or service user identified on any First National Bank Product that you apply for, use or access.
- “Communications” means each disclosure, notice, agreement, fee schedule, statement, record, document, and other information we provide to you, or that you sign or submit or agree to at our request.
- “Electronic Service” means each and every product and service we offer that you apply for, use, administer or access using the Internet, a website, email, messaging services (including text messaging) and/or software applications (including applications for mobile or hand-held devices), either now or in the future.
- “First National Bank Product” means each and every account, product or service we offer that you apply for, own, use, administer or access, either now or in the future. First National Bank Products include Electronic, Internet and Mobile Services.
- The words “include” and “including,” when used at the beginning of a list of one or more items, indicates that the list contains examples – the list is not exclusive or exhaustive, and the items in the list are only illustrations. They are not the only possible items that could appear in the list.
Your consent to use electronic records and signatures; Choosing to receive Communications electronically or in writing; Certain information must still be provided in writing. In our sole discretion, the Communications we provide to you, or that you sign or agree to at our request, may be in electronic form (“Electronic Records”). We may also use electronic signatures and obtain them from you as part of our transactions with you.
Electronic Records may be delivered to you in a variety of ways. In some cases, you will be able to choose whether to receive certain Communications electronically, or on paper, or both. We will provide you with instructions on how to make those choices when they are available.
We may always, in our sole discretion, provide you with any Communication in writing, even if you have chosen to receive it electronically.
Sometimes the law, or our agreement with you, requires you to give us a written notice. You must still provide these notices to us on paper, unless we specifically tell you in another Communication how you may deliver that notice to us electronically.
There are certain Communications that by law we are not permitted to deliver to you electronically, even with your consent. So long as required by law, we will continue to deliver those Communications to you in writing. However, if the law changes in the future and permits any of those Communications to be delivered as Electronic Records, this consent will automatically cover those Communications as well.
We will continue to provide your tax statements on paper unless you separately elect to receive them electronically (if available).
Your option to receive paper copies. If we provide Electronic Records to you, and you want a paper copy, you may contact the appropriate customer service unit and request a paper version. You will find the appropriate contact information in the account statement or agreement for the First National Bank Product related to the Electronic Record. You may have to pay a fee for the paper copy unless charging a fee is prohibited by applicable law. Please refer to the applicable agreement for any fee that may apply for paper copies.
Your consent covers all First National Bank Products and Privacy Policies. Your consent covers all Communications relating to any First National Bank Product. Your consent remains in effect until you give us notice that you are withdrawing it.
From time to time, you may seek to obtain a new First National Bank Product from us. When you do, we may remind you that you have already given us your consent to use Electronic Records and signatures. If you decide not to use Electronic Records and signatures in connection with the new product or service, your decision does not mean you have withdrawn this consent for any other First National Bank Product.
You may withdraw your consent at any time; Consequences of withdrawing consent; How to give notice of withdrawal. You have the right to withdraw your consent at any time. Please be aware, however, that withdrawal of consent may result in the termination of:
- your access to our Electronic Services, including online banking, and
- your ability to use certain First National Bank Products.
Your withdrawal of consent will become effective after we have had a reasonable opportunity to act upon it.
If you are receiving online account statements, the termination will cause paper statements to be mailed to you via the U.S. Postal Service or other courier. Depending on the specific First National Bank Product, if you withdraw consent we may charge higher or additional fees for that product or for services related to it. Please refer to the applicable agreement for any fee that may apply.
To withdraw your consent, you must contact us at 1-815-562-5571. In the case of electronic account statements for your consumer accounts, you may change your statement delivery method via the customer service page on First OnLine Internet Banking.
You must keep your email or electronic address current with us. You must promptly notify us of any change in your email or other electronic address. You may change the email address on record for you by calling us at 815-562-5571 or by going to the Account Overview or Customer Service pages within your internet banking service and updating your contact information. If you have given us another type of electronic address, such as an electronic address or mobile phone number for SMS text messages, you may change that address by going to the account management page for each First National Bank Product you have linked to that address. There may be other, special First National Bank Products for which we provide separate instructions to update your email or other electronic address.
Hardware and software you will need. To receive Electronic Records, you must have access to:
- a Current Version (defined below) of an Internet browser we support,
- a connection to the Internet,
- a Current Version of a program that accurately reads and displays PDF files (such as Adobe Acrobat Reader), and
- a computer and an operating system capable of supporting all of the above. You will also need a printer if you wish to print out and retain records on paper, and electronic storage if you wish to retain records in electronic form.
You must also have an active email address.
In some cases, you may also need a specific brand or type of device that can support a particular software application, including an application intended for particular mobile or handheld devices.
By “Current Version,” we mean a version of the software that is currently being supported by its publisher. The following link includes more information on the browsers we currently support and related system requirements: Technical Requirements. (Note: if you click on the Technical Requirements link, be sure to come back to this page to finish reading this ESIGN Consent.)
We reserve the right to discontinue support of a Current Version of software if, in our sole opinion, it suffersfrom a security flaw or other flaw that makes it unsuitable for use with online Banking.
Changes to hardware or software requirements. If our hardware or software requirements change, and that change would create a material risk that you would not be able to access or retain your Electronic Records, we will give you notice of the revised hardware or software requirements. Continuing to use Electronic Services after receiving notice of the change is reaffirmation of your consent.
Your enrollment in Electronic Services using our equipment. If you enroll for an Electronic Service through one of our customer service representatives or using our equipment, your enrollment may not be complete until you take additional action. We will advise you, at the time of your enrollment, of any additional action you must take. If you take the required action, it is an affirmation of your consent to use electronic records and signatures under the terms of this ESIGN Consent.
Communications in languages other than English. Please note, we may be unable to fulfill and service First National Bank Products in a language other than English. Future Communications may be in English only. If you are not fluent in English, you should consider obtaining the services of an interpreter or taking other steps to ensure you understand the transaction before entering into it and to explain any future Communications in English.
By providing your consent, you are also confirming that you have the hardware and software described above, that you are able to receive and review electronic records, and that you have an active email account. You are also confirming that you are authorized to, and do, consent on behalf of all the other account owners, authorized signers, authorized representatives, delegates, product owners and/or service users identified with your First National Bank Products.
EXAMPLES OF ELECTRONIC RECORDS COVERED BY YOUR CONSENT INCLUDE:
- This ESIGN Consent Disclosure and any amendments;
- Our First OnLine Internet Banking Agreement, or other service or user agreements for online access to our Electronic Services, and all amendments to any of these agreements;
- All of the Communications related to any First National Bank Product, except for those excluded by the terms of this ESIGN Consent Disclosure;
- All of the periodic account and activity statements, disclosures and notices we provide to you concerning your First National Bank Products;
- Any notice or disclosure regarding fees or assessments of any kind, including late fees, overdraft fees, over limit fees, and returned item fees;
- Notices of amendments or change in terms to any of your agreements with us; and
- Other disclosures and notices that we are legally required to provide to you, or choose to provide to you at our discretion.
FIRST ONLINE MOBILE BANKING AND MOBILE XPRESS DEPOSIT AGREEMENT
END USER TERMS
This service is provided to you by The First National Bank and Trust Company of Rochelle (the “Bank”) and powered by a Third Party (the “Licensor”) mobile technology solution. Section A of these End User Terms is a legal agreement between you and The First National Bank and Trust Company of Rochelle. Section B of these End User Terms is a legal agreement between you and the Licensor. By participating in the mobile banking services or using the application, you are agreeing to the following terms and conditions.
The First National Bank and Trust Company of Rochelle
TERMS AND CONDITIONS
Thank you for using The First National Bank and Trust Company of Rochelle Mobile Banking combined with your handheld’s text messaging capabilities. For help, text “HELP” to 79680. To cancel your plan, text “STOP” to 79680 at anytime. In case of questions please contact customer service at email@example.com or call 1.815-562-5571.
Terms and Conditions
- The services are separate and apart from any other charges that may be assessed by your wireless carrier for text messages sent to or received from The First National Bank and Trust Company of Rochelle. You are responsible for any fees or other charges that your wireless carrier may charge for any related data or message services, including without limitation for short message service.
- The services are provided by The First National Bank and Trust Company of Rochelle and not by any other third party. You and The First National Bank and Trust Company of Rochelle are solely responsible for the content transmitted through the text messages sent to and from The First National Bank and Trust Company of Rochelle. You must provide source indication in any messages you send (e.g., mobile telephone number, “From” field in text message, etc.)
- The Bank reserves the right to determine your eligibility for any product, service, or functionality available via the mobile banking service. Not all of the products, services, or transaction capabilities that you may see on our website may be available to all users. Information made available to you through mobile banking may differ from or be less current than the information that is available through our website and may be displayed using different terminology. We are not responsible for such differences. You agree that neither we nor our service providers will be liable for any errors or delays in the content or for any action you take based on that content. Further, the Bank may, from time to time, withdraw or add modes of payment under these terms and conditions.
- Termination – The Bank reserves the right to terminate the mobile banking application, either partially or in totality, at any time whatsoever, without prior notice. The Bank also reserves the right at any time without prior notice to add/alter/modify/change or vary all of these terms and conditions.
- Liability and Indemnification – The Bank shall not be liable for any late charges, penalty, loss, damage, expenses, whether direct or indirect, incurred/to be incurred by you regarding mobile banking and/or services not being delivered to you. You also agree to indemnify, defend, and hold harmless the Bank and its contracted service providers from any and all third party claims, liability, damages, expenses, and costs (including, but not limited to, reasonable attorneys’ fees) caused by or arising from your use of the mobile banking service or the associated application.
- Reliance of Information and Authority to Act – You hereby confirm, declare, and acknowledge that the Phone number(s) provided through mobile banking is/are owned/in the control of you and that you hereby confirm and undertake to inform the Bank upon any change in the Phone number(s), loss of the Phone(s), the Phone(s) being outside of your control and/or any other change that may affect us or your mobile banking account. By agreeing to these terms and conditions, you agree that in all circumstances you accept full responsibility for any and all instructions sent to the Bank from the Phone(s) and hereby authorize the Bank to act on the instructions and process any and all transactions and that the Bank is entitled to rely upon all electronic communications, orders, messages received through the mobile banking service.
- Storage and Usage of Information/Instruction – The Bank may, at its sole discretion, record any and all information/instructions relayed from the Phone(s) to the Bank directly or through intermediaries and the Phone(s) from the Bank and/or from intermediaries and collect and store the same along with all information in such form and manner as it deems necessary and appropriate. You further confirm that the data and information/instruction so stored may be relied upon by the Bank/intermediaries, made known to any person who may reasonably require the same and/or produced as evidence in any proceedings or otherwise.
- Confidentiality and Disclosure – To the extent not prohibited by applicable law, the Bank shall be entitled to transfer any information relating to your account and/or any other information given by you for utilization of the mobile banking product to and between the Licensor as it relates to your account through mobile banking.
- Service Limitations – The availability, timeliness, and proper functioning of the mobile banking application depends on many factors beyond the control and influence of the Bank and its contracted service support providers, including your wireless mobile device, your location when using your wireless mobile device, wireless network availability and signal strength, the proper functioning of your wireless mobile device as it interacts with third-party wireless carriers, and the functionality and security of the mobile network your wireless mobile device utilizes to access the mobile banking application. The Bank shall endeavor to provide the mobile banking service on a best effort commercially reasonable basis, and you as a user shall not hold the Bank liable for non-availability of the mobile banking application, service interruptions, loss or distortion in transmission of information and/or instructions from/to you as a user.
- Virus Protection - First National Bank is not responsible for any malicious software that you may encounter. We encourage our customers to routinely scan their mobile devices using a reliable product to detect and remove any malicious software. Undetected or unrepaired malicious software may corrupt and destroy your programs, files and even your hardware. Additionally, you may unintentionally transmit the malicious software to other devices or inadvertently expose personal, confidential information.
- Restrictions on Use – You agree not to use the mobile banking services and application in or for any illegal, fraudulent, unauthorized or improper manner or purpose. You further agree that your use will be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international internet, data, telecommunications, telemarketing, “spam”, and import/export laws and regulations.
- Jurisdiction – The Bank makes no representation that the mobile banking service is appropriate or available for use outside the United States. Those who choose to access the mobile banking service from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- Assignment – You shall not transfer, assign, sublicense or pledge in any manner whatsoever, any of your rights or obligations under these terms and conditions. All such attempted transfers, assignments, sublicenses or pledges are void.
First OnLine Xpress Deposit/Mobile Remote Deposit Capture
This Mobile Check Deposit User Agreement (“Agreement”) contains the terms and conditions for the use of First OnLine Xpress Deposit and/or other remote deposit capture services that The First National Bank and Trust Company of Rochelle or its affiliates (“FNB”, “Bank”, “us,” or “we”) may provide to you (“you,” or “User”). Other agreements you have entered into with FNB, including the Deposit Account Agreement or Business Deposit Account Agreement, as applicable to your FNB account(s), are incorporated by reference and made a part of this Agreement.
- Services. The mobile remote deposit capture services (“Services”) are designed to allow you to make deposits to your checking accounts from home or other remote locations by scanning checks and delivering the images and associated deposit information to FNB or FNB’s designated processor.
- Acceptance of these Terms. Your use of the Services constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time. We will notify you of any material change via e-mail, text message, statement message, or on our website(s). Your continued use of the Services will indicate your consent to be bound by the revised Agreement. Further, FNB reserves the right, in its sole discretion, to change, modify, add, or remove portions from the Services. Your continued use of the Services will indicate your acceptance of any such changes to the Services. You also agree any notices may be given electronically.
- Limitations of Service. When using the Services, you may experience technical or other difficulties. We will attempt to post alerts on our website or send you a text message to notify you of these interruptions in Service. We cannot assume responsibility for any technical or other difficulties or any resulting damages that you may incur. Some of the Services have qualification requirements, and we reserve the right to change the qualifications at any time without prior notice. We reserve the right to change, suspend or discontinue the Services, in whole or in part, or your use of the Services, in whole or in part, immediately and at any time without prior notice to you.
- Hardware and Software. In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and software as specified by FNB from time to time. See www.fnbrochelle.com for current hardware and software specifications. FNB is not responsible for any third party software you may need to use the Services. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at time of download and installation.
- Fees. A fee may be charged for the Service. You are responsible for paying the fees for the use of the Service. Any fee that is charged will be disclosed prior to your deposit. FNB may change the fees for use of the Service at any time pursuant to the section titled “Acceptance of these Terms” above. You authorize FNB to deduct any such fees from any FNB account in your name. Fees will not be charged during any free trial period or other promotional campaigns.
- Eligible Items. You agree to scan and deposit only “checks” as that term is defined in Federal Reserve Regulation CC (“Reg. CC”). When the image of the check transmitted to FNB is converted to an Image Replacement Document (IRD) for subsequent presentment and collection, it shall thereafter be deemed an “item” within the meaning of Articles 3 and 4 of the Uniform Commercial Code.
You agree that you will not scan and deposit any of the following types of checks or other items which shall be considered ineligible items:
- Checks payable to any person or entity other than the person or entity that owns the account that the check is being deposited into.
- Checks containing an alteration on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn.
- Checks payable jointly, unless deposited into an account in the name of all payees.
- Checks previously converted to a substitute check, as defined in Reg. CC.
- Checks drawn on a financial institution located outside the United States.
- Checks that are remotely created checks, as defined in Reg. CC.
- Checks not payable in United States currency.
- Checks dated more than 6 months prior to the date of deposit.
- Checks or items prohibited by FNB’s current procedures relating to the Services or which are otherwise not acceptable under the terms of your FNB account.
- Checks payable on sight or payable through Drafts, as defined in Reg. CC.
- Checks with any endorsement on the back other than that specified in this agreement.
- Checks that have previously been submitted through the Service or through a remote deposit capture service offered at any other financial institution.
- Checks or items that are drawn or otherwise issued by the U.S. Treasury Department.
- Endorsements and Procedures. You agree to restrictively endorse any item transmitted through the Services as:
“FOR MOBILE DEPOSIT ONLY
First National Bank of Rochelle
Account #_________ (with the correct account number inserted)
Signature (with the signature of the payee/account holder)
Date (showing the date of the deposit)”
or as otherwise instructed by FNB. You agree to follow any and all other procedures and instructions for use of the Services as FNB may establish from time to time.
- IRD Processing. Items may be transmitted for electronic processing by other banks or converted to IRD’s and transmitted to a printing facility for printing and clearing through traditional paper processing channels, at FNB’s sole discretion. The IRD’s will be created in accordance with Check 21; alternatively, FNB may process Items as photocopies in lieu of originals, under guidelines established between FNB and Depositor and applicable industry standards. Items that fail to satisfy the warranties made to FNB by Depositor, that fail to meet the requirements of FNB or Check 21, or that are otherwise not able to be processed may be charged back to Depositor’s account and/or returned to Depositor. Depositor agrees to be bound by any applicable laws, rules and regulations to which FNB is a party.
- Receipt of Items. There are two phases to the submission of an item. The first phase is a receipt of your transmission. An image of an item shall be deemed received when you receive a confirmation from FNB that we have received the image. Receipt of such confirmation does not mean that the transmission was error free, complete or will be considered a deposit and credited to your account. The second phase is FNB’s acceptance and actual deposit of the item into your account and subsequent confirmation from FNB. Upon receipt of this confirmation please follow the disposal of the transmitted items as described in the following section. We further reserve the right to charge back to your account at any time, any item that we subsequently determine was not an eligible item. You agree that the Bank is not liable for any loss, costs, or fees you may incur as a result of our chargeback of an ineligible item. We reserve the right to reject any item transmitted through the Services, at our discretion, without liability to you. We are not responsible for items we do not receive or for images that are dropped during transmission.
- Disposal of Transmitted Items. Upon your receipt of confirmation from FNB that we have received the image that you have transmitted and that your deposit has been approved, you agree to destroy the check immediately. If you do not receive the confirmation of deposit approval, you should contact us. You should retain the check until any issue is resolved and you receive confirmation that the item has been accepted for deposit. During the time the retained check is available, you agree to promptly provide it to FNB upon request.
- Availability of Funds. You agree that items transmitted using the Services are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. In general, if an image of an item you transmit through the Service is received and accepted before 4:00 p.m. Central Time on a business day that we are open, we consider that day to be the day of your deposit. Otherwise, we will consider that the deposit was made on the next business day we are open. Funds deposited using the Services will generally be made available in three business days from the day of deposit. FNB may make such funds available sooner based on such factors as credit worthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors as FNB, in its sole discretion, deems relevant.
- Deposit Limits. We may establish limits on the dollar amount and/or number of items or deposits from time to time. If you attempt to initiate a deposit in excess of these limits, we may reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a deposit at other times. The current limits are as follows:
- $1,200 per deposit with a maximum daily number of 3 deposits totaling $1,200
- Maximum of 7 deposits totaling $5,000 over a 2 week period
- Presentment. The manner in which the items are cleared, presented for payment, and collected shall be in FNB’s sole discretion subject to the Deposit Account Agreement or Business Deposit Account Agreement governing your account.
- Errors. You agree to notify FNB of any suspected errors regarding items deposited through the Services right away, and in no event later than 60 days after the applicable FNB account statement is sent. Unless you notify FNB within 60 days, such statement regarding all deposits made through the Services shall be deemed correct, and you are prohibited from bringing a claim against FNB for such alleged error.
- Errors in Transmission. By using the Services you accept the risk that an item may be intercepted or misdirected during transmission. FNB bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.
- Image Quality. The image of an item transmitted to FNB using the Services must be legible, as determined in the sole discretion of FNB. Without limiting the foregoing, the image quality of the items must comply with the requirements established from time to time by FNB, ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearinghouse or association.
- User Warranties and Indemnification. You warrant to FNB that:
- You, as depositor, have the authority to enter into this agreement and perform its obligations.
- You will only transmit eligible items.
- You will not transmit duplicate items.
- The item has not been altered.
- You will not re-deposit or re-present the original item.
- All information you provide to FNB is accurate and true.
- You will comply with this Agreement and all applicable rules, laws and regulations.
- You, as depositor, will only use the services for lawful purposes.
- You are not aware of any factor which may impair the collectability of the item.
- You are aware that you are responsible for the provisional credit and that it is subject to return or reversal and you are liable for any fees associated with any dishonored items.
- You agree to indemnify and hold harmless FNB from any loss for breach of this warranty provision.
- Cooperation with Investigations. You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through the Service in your possession and your records relating to such items and transmissions.
- Termination. We may terminate this Agreement at any time and for any reason. This Agreement shall remain in full force and effect unless and until it is terminated by us. Without limiting the foregoing, this Agreement may be terminated if you breach any term of this Agreement, if you use the Services for any unauthorized or illegal purposes or you use the Services in a manner inconsistent with the terms of your Deposit Account Agreement, Business Deposit Account Agreement or any other agreement with us. You agree to return all services, equipment, software, documentation, technology or other deliverables provided to you by FNB.
- Enforceability. We may waive enforcement of any provision of this Agreement. No waiver of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of the Agreement. Any such waiver shall not affect our rights with respect to any other transaction or to modify the terms of this Agreement. In the event that any provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable to any extent, the remainder of the Agreement shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.
- Ownership & License. You agree that FNB retains all ownership and proprietary rights in the Services, associated content, technology, and website(s). Your use of the Services is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use the Services. Without limiting the restriction of the foregoing, you may not use the Services (i) in any anti-competitive manner, (ii) for any purpose which would be contrary to FNB’s business interest, or (iii) to FNB’s actual or potential economic disadvantage in any aspect. You may use the Services only for non-business, personal use in accordance with this Agreement. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Services.
- DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.
- LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THIS SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF FNB HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
- INDEMNIFICATION. In addition to its indemnification obligations in this agreement, and except for losses or expenses attributable to FNB’s own lack of good faith or failure to exercise ordinary care, depositor agrees to indemnify FNB for any loss or expense sustained (including interest, costs, attorney’s fees and expenses of litigation) resulting from (i) Depositor’s lack of authority to make the warranty; (ii) any action taken or not taken by FNB within the scope of its authority in handling an item; (iii) any warranty required to be made by FNB with respect to an item under applicable law or regulation; and (iv) breach of the warranties.
- Jury Trial Waiver. You agree to waive trial by jury in any judicial proceeding involving, directly, or indirectly, any matter (whether in tort, contract or otherwise) in any way arising out of, related to or connected with the Service or these Terms and Conditions. You represent and warrant to FNB that this jury trial waiver is knowingly, willingly, and voluntarily given.
- Governing Law. This Agreement is entered into in Illinois, and shall be governed by the laws of Illinois and of the United States, and any rule or regulation of Illinois or a federal agency having jurisdiction over FNB. A determination that any provision of this Agreement is unenforceable or invalid shall not render any other provision of this Agreement unenforceable or invalid. The rights of FNB under this Agreement are cumulative of all other rights FNB may have by law or otherwise.
END USER LICENSE AGREEMENT TERMS FOR THE DOWNLOADABLE APP
To be Agreed to by End User Prior to Use of the Downloadable App
- Ownership. You acknowledge and agree that a third party provider or licensor to your financial services provider (“Licensor”) is the owner of all right, title and interest in and to the downloaded software to be used for access to mobile banking services from your financial services provider and the computer programs contained therein in machine readable object code form as well as any accompanying user documentation along with all subsequent copies, updates or versions thereof which are made available to you (if any), regardless of the media or form in which they may exist (collectively the “Software”).
- License. Subject to the terms and conditions of this Agreement, you are hereby granted a limited, nonexclusive license to use the Software in accordance with the terms of this Agreement. All rights not expressly granted to you by this Agreement are hereby reserved by the owner of the Software. Nothing in this license will entitle you to receive hard-copy documentation, technical support, telephone assistance, or updates to the Software. This Agreement may be terminated at any time, for any reason or no reason. Upon termination, you agree to immediately destroy all copies of the Software in your possession or control.
- Restrictions. You shall not: (i) modify, revise or create any derivative works of the Software; (ii) decompile, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the Software, including, but not limited to, any trademark, logo or copyright.
- Disclaimer Warranty. THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT. NO WARRANTY IS PROVIDED THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. YOUR USE OF THE SOFTWARE AND ANY OTHER MATERIAL OR SERVICES DOWNLOADED OR MADE AVAILABLE TO YOU THROUGH THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE.
- Limitations of Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR , THE PROVIDER OF ANY FINANCIAL SERVICES AVAILABLE THROUGH OR RELATED TO THE SOFTWARE, ANY OF THEIR CONTRACTORS OR PROVIDERS OR ANY OF EACH OF THEIR AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, LIABILITY OF LICENSOR OR ANY OF THE OTHER PERSONS OR ENTITIES DESCRIBED IN THE PRECEDING SENTENCE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE
- U.S. Government Restricted Rights. The Software is commercial computer software subject to RESTRICTED RIGHTS. In accordance with 48 CFR 12.212 (Computer software) or DFARS 227.7202 (Commercial computer software and commercial computer software documentation), as applicable, the use, duplication, and disclosure of the Software by the United States of America, its agencies or instrumentalities is subject to the restrictions set forth in this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the state of California excluding that body of laws pertaining to conflict of laws. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of California and the parties expressly consent to jurisdiction and venue thereof and therein. The parties confirm that this Agreement and all related documentation is and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.
- Content and Services. Neither Licensor nor the provider of the wireless network is the provider of any financial services available through or related to the Software, and neither Licensor nor the provider of the wireless network or any contractor of the provider of the financial services available through or related to the Software, is responsible for any of the materials, information, products or services made available to you via the Software.